It is a common misconception that only women may benefit from alimony, or spousal support. The truth is that New Jersey law is gender-neutral regarding spousal support. Men can absolutely receive alimony under the right circumstances. But how exactly can men receive alimony payments, and what factors determine how much support they might receive?
At Joseph J. Russell Divorce & Family Law Attorney, we fight to protect the rights of men across New Jersey and see to it that they are fully represented in spousal support litigation. If you are currently facing this complicated issue, we can help you understand how courts assess spousal support claims, how men qualify for alimony in New Jersey, and the legal help we can offer. Contact us today for a consultation to discuss your case.
How a Family Lawyer Can Help
Securing alimony in a divorce can be complicated and challenging. Your lawyer can help seek a fair alimony arrangement by:
- Advocating for fair support – In New Jersey, alimony for men is granted based on evidence. Our experienced New Jersey alimony attorneys can gather financial records, caregiving contributions, information on your career histories, and lifestyle details to provide that proof.
- Negotiating and litigating – We will advocate aggressively for you at the negotiating table. And if the case requires a court ruling, we will represent you before the judge and fight for a favorable verdict.
- Modifying or enforcing orders – If you need to modify your order to reflect changes in your financial situation, or if your ex-spouse fails to pay their support, we can help you address the issue.
Understanding Spousal Support Laws in New Jersey
Contrary to certain outdated social assumptions, New Jersey’s spousal support laws do not consider gender. The courts value men’s and women’s rights equally. These laws intend to promote fairness and balance after a divorce, particularly when one spouse is financially dependent on the other.
When determining spousal support, the courts will look at factors such as:
- Length of the marriage
- Age and health of both spouses
- Lifestyle enjoyed during the marriage
- Each party’s income, earning potential, employability, and assets
- How long the spouse has been out of the job market
- The time and money needed for the spouse to get education or training for employment
- Each spouse’s financial and non-financial contributions to the marriage
- The division of marital assets and debts
- Parental responsibilities
- Any other relevant factors
For instance, the courts may grant alimony to men in divorce if they were stay-at-home parents, earned significantly less throughout the marriage, or supported their spouse’s career at the expense of their own.
Types of Alimony Men Can Receive
New Jersey recognizes multiple types of alimony to account for different circumstances and purposes:
- Temporary (pendente lite) alimony – Courts may grant spousal support for husbands while the divorce is pending to provide financial stability until the legal separation is finalized.
- Rehabilitative alimony – If you paused your career to support your spouse’s, the court may grant rehabilitative alimony. These payments can help you while you go to school, receive training, or gain the work experience necessary to become self-supporting.
- Reimbursement alimony – If you supported your spouse through their advanced education with the expectation that you would also benefit from their higher earning capacity, the court might grant reimbursement alimony to compensate you for those efforts.
- Limited-duration alimony – Courts sometimes grant alimony for men in divorce when they need time to re-establish themselves financially but anticipate becoming self-sufficient. This form of spousal support is time-limited.
- Open-duration (permanent) alimony – Although permanent spousal support is not as common as it once was, there are cases where the court may grant it. For instance, it may be awarded after marriages lasting at least 20 years where one party’s age, health, or prolonged absence from the workforce makes it unlikely that they could become self-sufficient again.
Factors Affecting Spousal Support for Men
New Jersey courts grant alimony for men based on the same factors they consider for women. Some of the main factors include the following:
Income Disparity Between Spouses
Whether you are the wife or the husband, alimony eligibility is based largely on the difference between what you earn and what your spouse does. If your spouse makes substantially more than you, especially if you supported their career at the expense of your own, the court may award you alimony.
Financial Needs and Standard of Living
Another key factor in husband alimony eligibility is the lifestyle you enjoyed during your marriage. If you cannot maintain a similar lifestyle because you depend on your spouse financially, alimony may be awarded to ensure the divorce does not unfairly disadvantage one party.
Custody Arrangements and Parental Responsibilities
If you have children with your former spouse, your parenting and custody responsibilities may significantly impact your ability to work, earn a full-time income, and progress in your career. Courts will look closely at this when considering granting alimony for men in divorce.
Contributions During the Marriage
Alimony laws for men are no different from those for women. This means the courts will look at both spouses’ financial and non-financial contributions and determine whether one contributed significantly to the professional advancement of the other through those contributions. If that is the case, alimony may be granted to the spouse who supported the other’s success regardless of gender.
Challenges Men May Face When Seeking Alimony
Despite the law, safeguarding men’s rights in alimony cases can still present some unique challenges. The most significant among them include the following:
Social Bias and Court Assumptions
A surprising number of people assume alimony laws for men do not exist, largely due to the social stigma and unconscious biases many harbor when it comes to husband-wife or even just male-female dynamics. Some judges or opposing counsel may fail to see how men qualify for alimony at all due to the assumption that men should not need support.
Emotional and Legal Barriers
Those same stigmas and biases that can turn a court against you when seeking alimony can make you feel uncomfortable or even shameful for requesting financial support. However, alimony is not a handout, but a legal right designed to protect either spouse from being disproportionately disadvantaged by a divorce. A skilled attorney can help you through this struggle so you can seek the support you have earned.
Contact Joseph J. Russell Divorce & Family Law Attorney Today
The team at Joseph J. Russell Divorce & Family Law Attorney has over a century’s worth of combined experience. We can help you fight for a fair and reasonable outcome in your divorce, including any spousal support you may be entitled to. We are proud of our reputation for compassionate service and tenacious advocacy, backed by positive reviews like this one:
“Joe was extremely professional and knowledgeable throughout the whole divorce process. Joe also showed real compassion, he was honest, practical, patient and responsive to all my questions and needs, which made the difference…” – Chris H.
Call us today at (732) 726-6236 or contact us online to get started with an initial consultation and learn more about your legal rights and options.